Former Provost Umphrey attorneys who departed to start their own firm have captured their second jury verdict since parting ways a couple of months ago.
Ferguson Law Firm attorneys Cody Dishon and Ryan Schaper secured more than $100,000 in damages for their client, Lawrence Brown, a San Antonio resident who sued his apartment complex, Summit Thousand Oaks, after a stairwell gave way, causing him to fall five feet to the ground and suffer head and back injuries.
The suit was filed in Bexar County, took a week to try and ended on Oct. 23 with jurors awarding Brown $35,814.20 in past medical expenses, $50,000 for his past pain and suffering, and $15,000 for past physical impairment.
This is the second win for the Ferguson firm in recent months.
In September, the Monk Law Firm and Chip Ferguson, a former PU partner and founder of the Ferguson firm, secured a $7.5 million jury award at the Beaumont courthouse at the conclusion of a personal injury trial.
A month prior, Ferguson, along with several other attorneys, including Dishon and Schaper, left PU and seemingly hit the ground running with their second win in a two month span.
In the case against Summit Thousand Oaks, Brown was a tenant of the defendant when on Jan. 25, 2009, he leaned against a loose rail outside his apartment and fell, court records show.
Dishon told the Record that during the trial the defendant contended all loose railings were fixed after they purchased the property in 2007, and further argued Brown’s conditions were preexisting, and that he was to blame for the fall by not keeping a proper lookout.
He added that one of Brown’s treating physicians testified the plaintiff may be exaggerating his injuries for “secondary gain” but concluded his examination of Brown was unreliable.
"It was a very difficult case,” Dishon said. “I would like to thank all the jurors for their service; I will say this about the jury: they took more notes than any other jury I've ever seen in my career.
“We are extremely happy with the outcome. This verdict demonstrates our ability to fight and win for all of our clients."
Cause No. 2010-CI-11847